Sexual Assault and the Law

 Monroe Community College has programs in place to protect all members of the campus community from sexual assault, including programs for prevention and prosecution of these crimes that occur within the jurisdiction of Monroe Community College Public Safety. 

NYS Law contains the following legal provisions defining the crimes related to sexual assault: 

Section 130.20 – Sexual Misconduct.  This offense includes sexual intercourse without consent and deviate sexual intercourse without consent.  The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

 

Section 130.25/.30/.35 – Rape.  This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness.  This series of offenses further includes sexual intercourse with a person under the age of consent.  The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

 

Section 130.40/.45/.50 – Criminal Sexual Act. This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness.  This series of offenses further includes oral or anal sexual conduct with a person under the age of consent.  The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

 

Section 130.52 - Forcible Touching.  This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.  Forcible touching includes the squeezing, grabbing, or pinching of such other person’s sexual or other intimate parts.  The penalty for violation of this section includes imprisonment for a period of up to one year in jail.

 

Section 130.55/.60/.65 – Sexual Abuse.  This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent.  The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

 

Section 130.65-a/.66/.67/.70 – Aggravated Sexual Abuse.  This series of offenses occurs when a person inserts a finger or a foreign object in the vagina, urethra, penis or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent.  The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person.  The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

If you are sexually or otherwise assaulted on campus: 

-          Get to a safe place as soon as you can.

-          Try to preserve all physical evidence; do not bathe, douche, or change your clothes.

-          Contact MCC Public Safety immediately (call 2911 in an emergency, or use a Blue Light or other campus emergency phone). 

Remember, assaults – sexual or otherwise – are crimes; they are not the victims’ fault.  Victims have the right to pursue adjudication of crimes that occur on the campus through criminal courts and/or through the College’s internal disciplinary process (under the College Code of Conduct). Campus Public Safety are trained to assist with prosecution in both systems.

 Disciplinary Action 

Where there is probable cause to believe the college's regulations prohibiting sexual misconduct have been violated, the college will pursue strong disciplinary action through its own channels.  This discipline includes the possibility of suspension or dismissal from the college. 

An individual charged with sexual misconduct will be subject to college disciplinary procedures, whether or not prosecution under New York State Criminal Statutes is pending. 

The college will make every effort to be responsive and sensitive to the victims of these serious crimes.  Protection of the victim and prevention of continued trauma is the college's priority. When the victim and the accused live in the same residence hall, an immediate hearing with the College Judicial Officer will be held to determine the need for modifying the living arrangements. 

Assistance for any other personal or academic concerns will be reviewed and options provided.

During the disciplinary process, the victim's rights are:

-     To have a person or persons of the victim's choice accompany the victim throughout the disciplinary hearing.

-     To remain present during the entire proceeding.

-     As established in state criminal codes, to be assured that his/her irrelevant past sexual history will not be discussed during the hearing.

-     To make a "victim impact statement" and to suggest an appropriate penalty if the accused is found in violation of the code.

-     To be informed immediately of the outcome of the hearing.

-     During the disciplinary process, the rights of the "accused" are as described under the -Due Process Procedure of the College Judicial System. 

Information and Support 

If you are the victim of sexual assault or sexual misconduct, you may seek support services as well as the assistance described above.  Free and confidential counseling is available through the Rape Crisis Service 24/7 by calling (585) 546-2777. For additional information and a list of Campus and other community support resources, contact the Department of Public Safety at (585) 292-2900. 

Educational Programs 

Educational programs to promote awareness of rape, acquaintance rape, and sex offenses are presented to the campus community.  Campus Public Safety and Student Development staff provides programs in the Residence Halls.